Modern American Law: General introduction

Գրքի շապիկի երեսը
William Charles Wermuth
Blackstone Institute, 1921

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Legislation
21
Interpretation of statutes
22
Relative contribution of the sources
24
Codification
25
THE SUBJECT MATTER OF LAW 19 The law and interests
28
Classification of interests Individual interests
29
Public interests
30
Social interests
31
Balancing of interests
32
The elements of rights and duties
35
The classification of rightsRights in rem and in personam
36
The classification of rights continuedPrimary and remedial rights
38
The law of procedureAdjective and substantive law
39
CHAPTER IV
41
Systems of law The common and the civil law
44
SKETCH OF ANGLOAMERICAN LEGAL HISTORY CHAPTER V
47
The effects of the Norman Conquest
51
The feudal system
52
The Curia Regis or Kings Court
53
The local and ecclesiastical courts
55
General view of the period
56
CHAPTER VI
58
The older modes of trial
59
The inquest
61
The kings peace and the grand jury
63
The writ process
65
The itinerant justices and the court at Westminster
66
Magna Charta
68
The professionalizing of the administration of justice
69
Development of trial by jury
70
Precedent as a source of law
71
Growth of legal doctrine
72
CHAPTER VII
74
The limits of common law jurisdiction
75
SECTION PART IIPAGE
76
The writissuing power
77
The courts of law
79
The legal profession
80
The ossification of the common law
82
The need for elasticity
84
The expansion of the law through the Court of Chancery
86
The equitable jurisdiction of chancery
88
Chancery procedure
90
Development of law in the courts of common
92
The law merchant and the Court of Admiralty
93
TER III
94
CHAPTER VIII
96
The constitutional struggle with the StuartsLeg aspects
99
The standardizing of equity
100
Slow growth of private law doctrine to nineteenth
102
The inclusion of the law merchant within the
104
CHAPTER IX
109
SECTION PART IIPAGE 74 The demand for a native law
113
The content of the adopted law
114
The courts of law
116
American development of the common law
119
MATERIALS AND METHODS IN THE STUDY OF LAW CHAPTER X
121
Material for studyBooks of primary and secondary authority
122
Lines of study
123
ReportsNature
124
ReportsOfficial and unofficial
125
ReportsValue Decision and dicta
127
The study of reported cases
128
Comparison of cases
129
Books of authority
131
SearchbooksDigestsCitators
132
Encyclopedias
133
Textbooks and citators
134
Bibliography
135
Quiz Questions 137141
137
CONTRACTS INTRODUCTORY TOPICS CHAPTER I
1
Contract defined 2
2
Essentials of the definition 3
3
Use of term contract 4
4
Classification of contracts 5
5
Same subjectExpress implied and quasicontracts 6
6
Same subjectExecuted and executory contracts 8
8
Contracts in civil law 9
9
History of contract 10
10
Same subjectForms of action 11
11
THE FORMATION OF CONTRACTS CHAPTER II
14
Nature of the agreement 15
15
Duration of offersReasonable time 17
17
Same subjectOptions 18
18
SECTION PART III PAGE 19 Same subjectDeathInsanity 19
19
Revocation of offers 20
20
Continuing offers 21
21
Counter offerInquiryQuotation 22
22
Offers at auction 23
23
Knowledge of terms of offer 24
24
Agreements made by post 25
25
Same subjectCases considered 26
26
Meeting of minds 28
28
Rewards 29
29
Same subjectSilence 30
30
Who may accept offer 31
31
Cross offers 32
32
OF CONSENT
34
Mistake of one party only 39
39
Mistake in motive 40
40
Mistake of law 41
41
opinion 45
45
MisrepresentationConditionsWarranties 46
46
Representation must be acted upon 47
47
Effect of misrepresentation 48
48
f fraud 52
52
SECTION PART IIIPAGE 52 Duress 53
53
Undue influence 54
54
Right to rescind for undue influence 57
57
CHAPTER IV
59
Contracts under seal and specialties 60
60
Same subjectDeeds bonds records 61
61
Same subjectDelivery and form 63
63
Same subjectStatutory changes 64
64
CHAPTER V
66
Accord and satisfaction 79
79
Legal duties as consideration 80
80
Contractual obligations as consideration 81
81
Promises to third persons 82
82
Mutual promises 83
83
Present and past considerations 84
84
Subscription agreements 86
86
SECTION PART IIIPAGE 81 Failure of consideration 88
88
Presumption of consideration 89
89
CHAPTER VI
91
Construction of the fourth section of the Statute of Frauds 92
92
Nature of the contracts in the fourth section Clause 1Executor 93
93
Same subjectClause 3Marriage 95
95
Same subject_Clause 5Agreement not to be per formed within the space of one year from the making thereof 98
98
Executed contractsPart performance 99
99
Provisions of the seventeenth section 101
101
Satisfaction of the requirements of the Statute of FraudsMemorandum 103
103
common
107
Married women 111
111
Persons mentally deficient 112
112
Aliens 113
113
Professions 115
115
LEGALITY OF THE SUBJECT MATTER SECTION PART IIIPAGE 103 The subject matter as an element in a valid contract 117
117
Contracts illegal by common law and by statute 118
118
Same subjectWagers 119
119
Same subjectUsury 121
121
Agreements contrary to public policy 122
122
Contracts in restraint of trade 126
126
Contracts restraining marriage 128
128
Fiduciary relations 129
129
Effect of illegalityIn general 130
130
Effect of promises made regarding past illegal trans actions 131
131
Effect of intention 132
132
Partial illegality 133
133
Effect on illegality of change of time or place 134
134
THE OPERATION OF CONTRACT CHAPTER IX
135
Same subjectApparent exceptions 136
136
Duty of third parties 137
137
Same subjectNew York rule 138
138
Same subjectLimitations to the New York rule 139
139
Same subjectRelease 140
140
CHAPTER X
141
SECTION PART IIIPAGE 127 Assignment of rights
142
Novation
143
Defenses
144
What is assignable
145
Form
146
Assignment of future earnings
147
Partial assignments
148
Priority of assignments
149
Assignment and negotiability distinguished
150
Assignment by operation of law
151
CHAPTER XI
153
Joint contracts
154
Several contracts
156
INTERPRETATION AND CONSTRUCTION OF CONTRACT CHAPTER XII
159
Same subjectProof of the document
162
SECTION PART IIIPAGE 149 Same subjectFact of agreement
163
Same subjectTerms of the contract
164
Rules of construction
168
Same subjectSubsidiary rules
169
Rules as to penalties and liquidated damages
170
THE PERFORMANCE OF CONTRACTS CHAPTER XIII
173
Dependent promises
174
Express conditions
176
Conditions implied in law
177
Performance of express and implied conditions
178
Conditions concurrent
179
Conditions subsequent
180
Pleading and proof
182
Representations and warranties
184
CHAPTER XIV
188
Rules on express conditions
189
Performance dependent on approval
191
Promises to pay
193
Rules on conditions implied in law
194
SECTION PART IIIPAGE 174 Act on one side requiring time
195
Where only the time for performance of one act is definite
196
Breach of condition
197
Rules as to time
198
Instalment contracts
200
Renunciation of contract
202
CHAPTER XV
207
Subsequent impossibility
208
Same subjectExceptions
210
Impossibility of performance created by a party
212
Impossibility by acts or change of law
214
Existence of subject matter and place
218
Personal incapacity
222
Scope of impossibility
224
Alternative contracts
225
THE DISCHARGE OF CONTRACTS CHAPTER XVI
227
Discharge by agreement
228
Discharge by substituted agreement
229
Release
230
Novation
231
Form
232
Provisions for discharge
233
DISCHARGE BY PERFORMANCE SECTION PART IIIPAGE 198 Performance
236
Tender
238
Strict and substantial performance
239
CHAPTER XVIII
242
Alteration of written instrument
243
Discharge by failure of consideration
244
Discharge by breach going to the essence and by repudiation
245
Marriage
246
CHAPTER XIX
247
Arbitration and award
249
Discharge by operation of law
250
Bankruptcy
251
CHAPTER XX
252
SECTION PART IIIPAGE
253
Index
1
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Common terms and phrases

Սիրված հատվածներ

Էջ 67 - To no one will we sell, to no one will we refuse or delay, right or justice.
Էջ 89 - ... or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Էջ 67 - No freeman shall be arrested or detained in prison, or deprived of his freehold, or outlawed, or banished, or in any way molested, and we will not set forth against him, nor send against him, unless by the lawful judgment of his peers and by the law of the land.
Էջ 99 - ... no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Էջ 89 - June (1) no action shall be brought whereby to charge any executor or administrator upon any special promise, to answer damages out of his own estate; (2) or whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person...
Էջ 34 - If, whatever a man's real intention may be, he so conducts himself that a reasonable man would believe that he was ^assenting to the terms proposed by the other party, and that other party upon that belief enters into the contract with him, the man thus conducting himself would be equally bound as if he had intended to agree to the other party's terms:" per Blackburn, J., in Smith v.
Էջ 109 - That the common law of England, all statutes or acts of parliament made in aid of the common law prior to the fourth year of the reign of King James the First, and which are of a general nature, not local to that kingdom...
Էջ 208 - But where the event is of such a character that it cannot reasonably be supposed to have been in the contemplation of the contracting parties when the contract was made, they will not be held bound by general words which, though large enough to include, were not used with reference to the possibility of the particular contingency which afterwards happens.
Էջ 207 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.

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